UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
GENERAL ORDER NO. 2008-01
INRE: RETROACTIVE APPLICATION OF AMENDMENT TO FEDERAL
SENTENCING GUIDELINES REGARDING COCAINE BASE ("CRACK
COCAINE") OFFENDERS
This Court has established a procedure to review sentences of currently-incarcerated
individuals that may be subject to reduction in accordance with 18 USC § 3582(c)(2) and the
guidance provided in Section 1B 1.10 of the sentencing guidelines. The procedures are more
particularly described in Addendum A to this Order.
The Court will begin review with those cases closest to release or eligibility for release,
assuming they otherwise meet the consideration criteria. As a first step, the Probation Office will
review each case which the guidelines amendments may affect. Probation shall prepare an analysis
of the amendment's impact and a recommended reduced sentence, if appropriate.
The appropriate judge will review, approve or revise each recommendation. After that
review, the Clerk of Court will assure appointment of counsel for every defendant. The Court will
forward the probation analysis and the Court's recommendations to all counsel.
After such notice, each party will have 30 days to file objections or to request a hearing. If
objections are filed, the Court may schedule a hearing. If no objections are filed, the Court will
enter an appropriate amended judgment for the recommended sentence. No action will be effective
prior to March 3, 2008.
IT IS SO ORDERED this ~n: day of ~ 2008.
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~ENTERED UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
ADDENDUM A
WESTERN DISTRICT OF KENTUCKY
CRACK COCAINE SENTENCE REVIEW PROCESS
(A) The Court will enter General Order (see attached) describing the procedure for
addressing the crack cocaine amendment.
(B) The Probation Office will review the list of potentially eligible defendants; and,
starting with those cases closest to release or eligibility for release, prepare a
recalculation memorandum. The memorandum will attempt to address all issues
relevant to a possible reduction under the new amended guideline.
(C) The Probation Office will provide the original sentencing judge with the
memorandum containing the recalculation along with the original presentence report
and the original judgment for review and consideration.
(D) The Memorandum of Recalculation will contain a recommended sentence, given the
revised range to the Court. The Court will, after review of the documents, return
the memorandum to the Probation Office with comments or changes to the
recommended sentence. The Probation Office will make any recommended
changes.
(E) The Clerk of Court will make certain that each defendant is represented by counsel,
either by assignment of the Federal Defender, a panel attorney or retained counsel.
(F) The Clerk of Court will forward the Memorandum of Recalculation, with a copy of
the original presentence report and judgment, to the defendant, defendant's counsel,
and the United States Attorney's Office. The parties would have 30 days from
receipt to file any objections or a request for a hearing.
(G) Should the parties file objections, the Court may schedule hearings to resolve the
matters at issue.
(H) If no objections are filed within the allotted time, the Court will go forward
with the recommended amended judgment, if appropriate.
(1) These procedures do not in any manner presuppose the result of an individual case
nor are they intended to restrict any argument of counselor the discretion of any
judge.
